Federal Register of Legislation - Australian Government

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IMMI 16/014 Arrangements as made
The instruments lists approved forms for making bridging visa applications.
Administered by: Immigration and Border Protection
Registered 22 Apr 2016
Tabling HistoryDate
Tabled HR02-May-2016
Tabled Senate02-May-2016
Date of repeal 19 Nov 2016
Repealed by Migration Regulations 1994 - Specification of Arrangements for Applications for Bridging Visas 2016/095 - IMMI 16/095

EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR APPLICATIONS FOR BRIDGING VISAS 2016/014

(Items 1301, 1302, 1303, 1304, 1305, 1306 – Bridging A, B, C, D, E and F visas)

1.             Instrument IMMI 16/014 is made under subregulation 2.07(5) of the
Migration Regulations 1994 (the Regulations) for items 1301, 1302, 1303, 1304, 1305 and 1306 of Schedule 1 to the Regulations.

2.             The Instrument revokes IMMI 15/044 (F2015L00561) under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

3.             The operation of the Instrument is that for sections 45 and 46 of the Migration Act 1958 as an application is required for a Bridging A (Class WA), a Bridging C (Class WC) and a Bridging E (Class WE) visa, the Minister specifies under subregulation 2.07(5) of the Regulations the requirement that the relevant approved form listed in the Schedule to the Instrument must be completed when making an application for a Bridging A (Class WA) or a Bridging C (Class WC) or a Bridging E (Class WE) visa.

4.             The purpose of the Instrument is to add form 157G, form 157A (internet) and form 157G (internet) to the list of approved forms for making an application for an Item 1301 Bridging A (Class WA) or an Item 1303 Bridging C (Class WC) or an Item 1305 Bridging E (Class WE). Subitems 1301(3), 1303(3) and 1305(3) specify other requirements that must be met in order for a person to make a valid application for either a Bridging A (Class WA) or a Bridging C (Class WC) or a Bridging E (Class WE) visa.  This includes that an applicant of one of these visas must be in Australia but not in immigration clearance.

5.             Consultation was undertaken with key international education sector stakeholders as part of the project to simplify the Australian Government's student visa framework before this instrument was made. Stakeholders consulted included: Commonwealth agencies (Department of Education and Training, Austrade, Department of Foreign Affairs and Trade, the Department of Defence, the Australian Skills Quality Authority, and the Tertiary Education Quality and Standards Agency), state and territory government agencies (including school regulators), as well as industry peak bodies (Australian Council for Private Education and Training, Australian Government Schools International, Council of Private Higher Education, English Australia, Independent Schools Council of Australia, International Education Association of Australia, TAFE Directors Australia, and Universities Australia).

6.             The Office of Best Practice Regulation (OBPR) has been consulted and a Regulatory Impact Statement has been completed, and is attached to this Explanatory Statement at Attachment A. (OBPR Reference 18083).

7.             Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

8.             The Instrument commences on 1 July 2016.